CAT/C/38/D/249/2004 Page 8 his passport, but was released the same day. While the complainant was being deported, his wife and children took refuge in the local church (church asylum) in Nesodden, and have since remained in Norway. 8.4 On 16 December 2005, the complainant’s new counsel filed a request in the Court of Appeal to reverse its decision of 24 February 2005, on the basis of the admissibility decision of the Committee and new documentation allegedly supporting the claim that the complainant is now facing a real and current risk of being subjected to torture on the basis of blasphemy charges against him. She requested the Court to stay the expulsion order against the complainant’s family and to order the Government to arrange for the complainant’s safe return to Norway. At the time of the submission of the State party, the case was still pending. 8.5 On the issue of the Committee’s request for interim measures, the State party explains that the complainant was not expelled until the courts had conducted a thorough review of his case, including direct contact with the complainant himself. He did not establish, before his expulsion took place, that he ran a foreseeable, real and personal risk of being tortured, within the meaning of article 3 of the Convention, if returned to Pakistan. 8.6 The State party concludes that given the extensive judicial and administrative review of the case for 18 months from the date he lodged his complaint to the Committee until the date of expulsion, the fact that he was expelled before the Committee’s admissibility decision does not constitute non-compliance with this decision. The State party recalls that at the time the Committee made its request for interim measures under rule 108 in April 2004, the complainant had not availed himself of all available domestic judicial remedies, and that when he eventually did, the State party agreed to stay his expulsion. Counsel’s comments on issues related to interim measures 9.1 On 9 March 2006, counsel commented on the State party’s submission on the issue of interim measures and provided a further factual update. She maintains that the State party did not comply with the Committee’s request for interim measures of 2 April 2004 when it expelled the complainant on 21-22 September 2005. The complainant and his family have experienced sufferings further to his expulsion. The State party also failed to bring effective relief within the meaning of article 22, paragraph 5 (b), by engaging in speculation on the facts in violation of due process, and by refusing to grant him legal aid. 9.2 She gives a detailed account of the facts surrounding the deportation on 21-22 September 2005, and the following proceedings. She notes that the complainant was forced to travel with a passport which had expired and which contained a photograph of him in uniform. Upon arrival, he was detained by the Pakistani immigration authorities due to the irregularities of his travel documents4, but was later released. 9.3 She also refers to pleadings of the Attorney General and of the complainant, on the interpretation of the obligation to cooperate in good faith with the Committee in the case of a request for interim measures. Counsel quotes a written pleading of the Attorney General of 20 January 2006, which contends that it is not the Convention itself, but merely the 4 The complainant explains that in Pakistan, the immigration authorities and the Police department are different entities, which are not coordinated. Therefore, the immigration authorities did not have any knowledge of the pending criminal case against him.